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Telus Communications v Peracomo Inc and Réal Vallée

152 bytes added, 17:32, 14 July 2013
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'''Canada'''
'''Société Telus Communications and , Hydro-Québec and Bell Canada v Peracomo Inc., and Réal Vallée and the Owners and all other persons interested in the fishing vessel Realice and the fishing vessel Realice'''
'''Federal Court of Canada: Harrington J.: 2011 FC 494: 27 April 2011'''
 
[Note: this judgment has been upheld on appeal by the Federal Court of Appeal @ 2012 FCA 199, but the Supreme Court of Canada has granted leave to appeal from that decision. Editor, 14 July 2013]
Langlois Kronström Desjardins, LLP, Barristers & Solicitors, Québec, Québec, for the Plaintiffs
Dufour Jacques Dufour, LLP, Barristers & Solicitors, Baie-Comeau, Québec, for the Defendants
'''SHIPPING: SUBMARINE CABLE CUT BY SKIPPER OF FISHING VESSEL: LIMITATION OF LIABILITY: WHETHER DAMAGE CAUSED INTENTIONALLY OR RECKLESSLY AND WITH KNOWLEDGETHAT 'SUCH LOSS' WOULD PROBABLY RESULT: WHETHER DEFENDANTS ENTITLED TO LIMIT LIABILITY UNDER THE 1976 LIMITATION CONVENTION, AS INCORPORATED INTO CANADIAN LAW'''
'''Summary'''
Facts
 
M. Réal Vallée was the owner of a fishing vessel, the Realice, and the sole proprietor of its owning company Peracomo Inc. He fished for snow crab in the waters of the River St. Lawrence, in the area of Baie Comeau. This entailed laying a string of cages on the river bed, secured by small anchors at both ends. On two occasions in the season of 2006, these anchors snagged a fibre-optic cable belonging to the plaintiffs.

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